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IC 33-23-14-1
Establishment of a reentry court
Sec. 1. A court having felony, misdemeanor, or juvenile
jurisdiction in a city or county may establish a reentry court under
the court's operation.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-2
Rules and orders
Sec. 2. A court establishing a reentry court under this chapter may
do the following:
(1) Establish uniform rules.
(2) Make special orders and rules as necessary.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-3
Personal jurisdiction
Sec. 3. (a) A reentry court established under this chapter and
accompanying services are open only to individuals over whom the
reentry court has jurisdiction.
(b) A reentry court has jurisdiction over an individual who:
(1) resides in the county in which the reentry court is located;
and
(2) has been released from the custody of the department of
correction:
(A) on probation;
(B) on parole;
(C) as part of a community transition program under
IC 11-10-11.5; or
(D) to a community corrections program as part of a
sentence reduction or sentence modification under
IC 35-38-1-17.
(c) A reentry court having jurisdiction over an individual loses
jurisdiction over the individual:
(1) when the individual's participation in a community
transition program ends, unless the individual is required to
serve an additional period on probation, parole, or community
corrections;
(2) when the individual's period of probation, parole, or
community corrections expires; or
(3) if the individual's probation, parole, or community
corrections placement is revoked and the individual is returned
to the custody of the department of correction.
(d) A reentry court does not have jurisdiction over an individual
who has been released from the department of correction after
serving the individual's entire sentence.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-5
Direct treatment or rehabilitation; prerequisites
Sec. 5. A reentry court established under this chapter may not
provide direct treatment or rehabilitation services unless:
(1) the reentry court is certified by the division of mental health
and addiction; and
(2) the court that established the reentry court determines that
existing community resources are inadequate to respond
satisfactorily to the demand for the services from the court.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-6
Notification to the Indiana judicial center; planning; exceptions
Sec. 6. (a) Except as provided in subsection (c), a court shall
notify the Indiana judicial center during the planning stages of the
court's intention to establish a reentry court.
(b) Before a reentry court may begin operation, the court must
obtain a written statement from the Indiana judicial center approving
the operation of the reentry court.
(c) A reentry court in operation before July 1, 2006, may continue
to operate pending certification if the reentry court does the
following:
(1) Before October 2, 2006, notifies the Indiana judicial center
of the date the reentry court began operation.
(2) Follows procedures for certification as provided in rules
adopted under section 9(e) of this chapter, including submission
of an application for certification as required by the rules.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-7
Petition for approval of a reentry court; contents
Sec. 7. In addition to satisfying the requirements of section 6 of
this chapter, a court seeking to establish a reentry court must submit
a petition for approval of the reentry court. The petition must contain
the following:
(1) A full description of a proposed reentry court.
(2) Evidence that the court has considered:
(A) how to best use community based services; and
(B) the role that community based services will play in the
development and implementation of the reentry court.
(3) A proposed budget for the reentry court.
(4) Details on the implementation of the reentry court.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-8
Authority of reentry court
Sec. 8. A court may take steps necessary to carry out the functions
of the reentry court, including hiring employees as needed to perform
the required functions of the reentry court.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-9
"Board"
Sec. 9. (a) As used in this section, "board" refers to the board of
directors of the judicial conference of Indiana under IC 33-38-9-4.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
are required for a person employed by a reentry court.
(c) A reentry court established under this chapter is subject to the
regulatory powers of the Indiana judicial center under IC 33-38-9-9.
(d) With regard to reentry courts established under this chapter,
the Indiana judicial center may do the following:
(1) Ensure that reentry courts comply with rules adopted under
this section.
(2) Certify reentry courts established under this chapter.
(3) Revoke the certification of a reentry court upon a
determination that the reentry court does not comply with rules
adopted under this section.
(4) Make agreements and contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state educational institution or a private postsecondary
educational institution; or
(E) a public or private agency;
to implement this chapter.
(5) Require as a condition of operation that each reentry court
created or funded under this chapter be certified according to
rules established by the Indiana judicial center.
(6) Adopt rules to implement this chapter.
(e) The board shall adopt rules concerning standards,
requirements, and procedures for initial certification, recertification,
and decertification of reentry courts.
IC 33-23-14-10
Supplement to reentry court funds
Sec. 10. (a) The funds for a reentry court established under this
chapter may, at the discretion of the fiscal body of the unit for which
the reentry court is established, be supplemented out of the city
general fund or the county general fund and may be further
supplemented by payment from the user fee fund upon appropriation
made under IC 33-37-8.
(b) Subject to the approval of the county fiscal body, the court
shall fix the compensation of employees of the reentry court.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-11
Additional funding sources
Sec. 11. A reentry court may apply for and receive the following:
(1) Gifts, bequests, and donations from private sources.
(2) Grant and contract money from governmental sources,
including:
(A) the department of correction;
(B) a community corrections program; and
(C) a community transition program.
(3) Other forms of financial assistance approved by the court to
supplement the court's budget.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-12
Reentry court fees; collection and deposit
Sec. 12. (a) A court that establishes a reentry court under this
chapter may require an eligible individual to pay a fee for reentry
court services.
(b) If a fee is required, the court shall adopt by court rule a
schedule of fees to be assessed for reentry court services.
(c) The fee for reentry court services may not exceed the
reasonable expenses for direct services to an individual incurred in
providing reintegration services to an individual under the
supervision of a reentry court. The fee for reentry court services may
be assessed in installments.
(d) The clerk of the court shall collect fees under this section. The
clerk shall transmit the fees within thirty (30) days after the fees are
collected, for deposit by the county auditor or fiscal officer in the
appropriate user fee fund established under IC 33-37-8.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-13
Chemical tests; expenses
Sec. 13. (a) A reentry court established under this chapter may
require an individual to:
(1) undergo a chemical test or a series of chemical tests as
specified by the court; and
(2) submit to random employment and residence checks.
An individual who tests positive on a chemical test, or whose sample
is determined to have been adulterated, is liable for the costs of the
chemical test required under this section, regardless of whether the
costs are paid to the court or the laboratory.
(b) A laboratory that performs a chemical test under this section
shall report the results of each test to the court.
As added by P.L.60-2006, SEC.3.
IC 33-23-14-14
No right to participate; civil immunity
Sec. 14. (a) An individual does not have a right to participate in
a reentry court under this chapter.
(b) The coordinator and members of the professional and
administrative staff of a reentry court who perform duties in good
faith under this chapter are immune from civil liability for:
(1) acts or omissions in providing services under this chapter;
and
(2) the reasonable exercise of discretion in determining
eligibility to participate in the reentry court.
As added by P.L.60-2006, SEC.3.